ML20091P210

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Rev 1 to Midland Chronology of Events Since Jul 1981 Hearings. History of Midland Proceeding Prior to 791206 Order Modifying CPs Encl
ML20091P210
Person / Time
Site: Midland
Issue date: 07/07/1983
From:
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:
Shared Package
ML17198A223 List: ... further results
References
CON-BOX-08, CON-BOX-8, FOIA-84-96 NUDOCS 8406120625
Download: ML20091P210 (17)
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{{#Wiki_filter:,, 1, g -.. MIDLAND - CHRONOLOGY OF EVENTS SINCE JULY 1981 HEARINGS j 07/07/81 Soil Hearing commenced 10/05/81 CPCo met with NRC to discuss organizational improvements 10/14/81 Hearing reconvened to deal with Geo-Technical issues l 01/07/82 General QA Plan and Quality Plans for underpinning and Q-list 4 activities proposed by CPCo 01/12/82 CPCo met with NRC to discuss changes to the Midland QA organization ) and General Quality Plan ) i 02/02/82 Testified at Midland soils hearing re: recent QA reorganization 03/30/82 CPCo/NRC Meeting (Norelius; Adensam) 04/13/82 NRC Public Meeting in Midland on Underpinning Activities 04/26/82 Midland SALP 2 meeting 04/28/82 Stop Work Order issued by CPCo against Mergentime (dug into 4160 volt power supply) 04/30/82 ASLB Order on soils with certain conditions / restraints imposed. 05/07/82 ASLB Order clarification, within the bounds of Drawing C-45(Q) 05/14/82 CPCo/NRC Meeting to discuss overview of electrical inspections 05/20/82 ACRS Subcommittee briefed re: Midland QA for construction 4 05/25/82 NRR approval of MPQP i 05/26/82 Construction Permit Amendment 3 issued l 06/03/82 Full ACRS briefed re: Midland QA for construction j 06/04/82 ACRS meeting re: Midland QA 06/08/82 ACRS report requested a broader assessment of design adequacy j and construction quality 06/21/82 Spessard/Norelius recommendations provided 06/21/82 SALP 2 meeting to discuss CPCo response in Jackson, MI, public meeting 06/22/82 Meeting to review response to SALP report i i i JJH ~ l' 8404120625 840517 Rev. 1 PDR FOIA 7/7/83 RICE 34-96 PDR

Ar'.. n 06/28/82 CAP news conference requesting NRC halt construction 07/82 Office of Special Cases formed in Region III, includes Midland Section t 07/07/82 ASLB issued memo / Order on reopening record on QA matters i j 07/09/82 NRC requested IDV by CPCo i 1 07/23/82 Cook memo issued containing Midland problems 07/26/82 RIII meeting with NRR to discuss Midland QA problems (meeting minutes written 8/18/82, Warnick memo) 1 08/05/82 Public meeting to discuss SALP 2 differences with CPCo 08/09/82 Soils Stop Work Order issued by CPCo, potential violation of Board Order 08/10/82 Enforcement Conference re: unapproved excavations (alleged violation of' Board Order) 08/10/82 CPCo stopped soils work at our request pending resolution of authority to dig holes 08/12/82 Issued Work Authorization Procedure for soils (NRC/CPCo) i 08/26/82 NRC management meeting with CPCo management re: QA problems 09/02/82 NRC followup meeting with CPCo managemen re Quality Improvement Plan (JGK/Selby) 09/03/82 Briefing of Jack Roe and J. Austin of Cortissioner's Staf f at Midland 09/09/82 Meeting with NRR to review Midland soils issue 1 09/09/82 MPQAD Reorganization - Bechtel QC into CPCo QA Organization 09/10/82 Region Ill initial approval of MPQP 1 and 2 09/15/82 NRC meeting with CPCo attorneys re CAP allegations 09/17/82 CPCo notified NRC of integrated QA/QC i 09/17/82 CPCo proposed Stone and Webster for soils third party overview 09/17/82 CPCo proposed IDV and other corrective actions 09/20/82 S&W began overview work on soils at the Midland site I 09/22/82 Meeting with Mooney, Schaub, and Ronk on Midland QA commitments. They will give us a list. Also talked about taking QC from Bechtel and putting ut under MPQAD - Problem with N stamp. i-2 u

n-e 9j 09/24/82 Soils Stop Work Order issued by CPCo following NRC inspection (CAL issued). QC training, requalification soils area 09/28/82 RIII initial meeting on site with S&W, proposed third party for i soils activities 09/29/82 Public management meeting with CPCo re: QA/QC organization, CAL l third party review, requalification for BOP QC inspectors 10/82 Safety Evaluation Report Supplement 2, issued approving soils design. Approved MPQP-1, Rev. 3/MPQP-2, Rev. O. 10/01/82 JGK and ABD gave approval for Midland team inspection ? 10/05/82 CPCo proposed TERA for IDV at meeting with NRR, RIII, GAP and proposed auxiliary feedwater system be included 10/07/82 Meeting in RIII with ELD to discuss testimony for next round of hearings a 10/12/82 Diesel generator building inspection commenced 10/13/82 Detroit Free Press had series on Midland. Kent and anonymous electrician were quoted.- 10/15/82 0 DBG inspection mini-exits with CPCo g0/2 / 2 10/28/82, 10/25/82 Revised Testimony issued by NRC t, 10/25/82 Meeting with NaR to discuss Midland third party, IDVP proposal 10/29/82 Meeting with Bechtel to discuss-perforrance/ problems 11/05/82 Meeting with NRR to-discuss Stone and Webster (S&W) qualification . for. soils third party overview; NRR, RIII, CPCo, S&W, Persons, IE, GAP' 11/07/82 TERA began auxiliary feedwater system review for IDVP at CPCo risk j ,11/10/82 DGB inspection team exit with CPCo, site personnel (10-12 concerns - with multiple examples and problems) i .11/15-I 11/23/82 -ASLB Hearings in session '11/22/82 DGB inspection findings discussed with'JGK by RFW f 11/23/82' DGB inspection exit with CPCo management 11/30/82-CPCo notified Region III verbally of proposed Stop-Work 12/01/82 CPCo announces Zack problem may lead to a large lay-off-o l. j q q l .x,, H -_a _ -__2

12/02/82 Meeting RFW and Shafer and team with CPCo and Bechtel to discuss CCP. RIII informed of intent to stop work. Also HQ and Commission's assistants 12/03/82 CPCo stopped majority of safety-related work at site. Issued PN and news release. Briefed JGK, ABD, SL 12/03/82 CPCo proposes to increase TERA scope to include three additional l systems; Energency Power (DG System), Safeguards Chill Water, and l Containment Isolation Systems 12/6 - 12/10/82 ASLE Hearings in session 12/07/82 NRC meeting to brief NRR/IE management on DGB inspection problems i and QA/QC history and problems CCP and the licensee "Get Well f Program" 12/09/82 NRC approved CPCo to begin work on Piers 12E and 12W under turbine building i 12/13/82 RIII meeting with ELD to discuss plans for supplemental testimony 1 l 12/30/82 NRC letter issued confirming Stop Work on safety-related areas with certain exceptions 01/10/83 CPCo submitted proposed CCP with third party overview included in the proposal 01/18/83 Enforcement Conference with CPCo management to: diesel generator building inspection. Boos investigation report, enforcement meeting 01/21/83 Final exit on diesel generator building inspection, concluding continued misuse of IPIN's and improper use of Attachment 10 firms 02/02/83 NRC/CPCo meeting to discuss CCP (collect info.) 02/08/83 Proposed Civil Penalty issued: $120,000 02/08/83 Public Meeting re CCP and IDCVP 02/08/83 Meeting with CPCo and Bechtel management to discuss desire to turn things around 02/09/83 TERA's Engineering Program Plan submitted; auxiliary feedwater only 02/14 "7 18/83 j' ASLB Hearings in session 02/14/83 Stone and Webster supplies assessment of piers 12 East / West 02/15/83 CPCo submits S&W independent qualification statements for soils 02/24/83 CPCo expands S&W contract to include QA overview / review work packages, QC inspector requalification, all soils training, and on an assessment of all underpinning work. 4

r ~ ] l i 02/24/83 NRC approved Stone & Webster for soil third party overview 03/07/83 NRC meeting with NRR/ GAP to discuss the CCP 03/08/83 Meeting in RIII with ELD to discuss supplemental hearing testimony 03/10/83 CPCo responded to Notice of Violation and proposed Civil Penalties l 03/15/83 Meeting with CPCo to obtain INPO Self-Imposed Evaluation results i 03/22/83 NRC selects additional systems for the IDCVP; Emergency Electric Power System, and Control Room HVAC 03/28/83 RIII letter issued requesting additional details re CCP; included in this request was a proposed third party candidate I and the' protocol to be utilized for the IDCVP l l 04/04/83 Harrison replaced Shafer -i 04/06/83 CPCo proposed Stone and Webster to perform third party overview for the CCP; S&W's program is titled. Construction Implementation Overview (CIO) 04/13/83 Meeting in Headquarters to discuss TERA proposal on IDCVP; IE RIII. NRR and GAP participated I 04/15/83 Stone and Webster issued a 90 day report on Assessment of Remedial Soils Underpinning Activities 04/19-1 l l 21/83 [ Caseload Forecast Panel at Midland; Public Meeting 4/19 and 4/21/83 j 04/21/83 Stone and Webster CIO personnel onsite i j 04/22/83 CPCo response to NRC letter of 3/29/83 re CCP Additional Informa-tion 1 04/27-3 I 05/06/83) ASLB Hearing in session - NRC testifies 05/03/83 NRC approval of TERA for IDCVP for Auxiliary Feedwater only l 05/17/83 Meeting with CPCo to discuss CCP/CIO; response 4/22/83 to NRC 3/28/83 letter re: Additional Information 05/18/83 TERA submitted modification to the Engineering Program Plan (EPP) I to include the two additional systems; Emergency Power and Control Room HVAC I~ l 1 1-i I-5 i

g 06/01-3 10/d3 ) ASLB Hearing - QA 06/06/83 Connissioner Gilinsky visited the Midland site 06/15/83 Commission briefing on Midland QA and soils 06/16/83 Congressman Udall Hearing on Midland ( 06/20/83 RIII authorization to begin underpinning activities under safety-related structures (pier 8 E/W grillage) 06/20/83 R111 concurred in CCP, allowed CPCo to begin team training 1 06/22/83 RIII requested to D. Miller - S&W scope be increased to include 3, all safety-related soils work l } 06/23/83 RIII RFW memo to NRR/IE for CCP review and comments t 06/24/83 RIII memo to NRR (Novak) completing RIII review of TERA's Expanded Engineering Program Plan, two additional systems 06/27/83 RIII letter to CPCo, prelbninary approval of CCP; authorization j to begin team training 06/27/83 RIII response to M. Sinclair letter of April 18, 1983 i l 06/27/83 Memo Eisenhut to Keppler/Vollmer requesting concerns (Landsman) on DGB being structurally sound 06/28/83 RIII input to Chilk for Dircks re: Information for Commissioner Gilinsky; recent significant QA problem since August 1980 reorganization by CPCo (issued 06/29/83) 06/28/83 RIII response to Lone Tree Council re: IDCVP and CIO l l 06/29/83 Zack welding activities released by NRC, after released to CPCo L i 06/27 '} 07/01/83] ASLB Hearings in session l l 5 i 6 ,a mw- 'e n-

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~ s 07/01/83 Response to letter for Dircks to Senator C. Levin (Mr. Miller, Lone Tree Council) 07/05/83 JGK/NRR/IE/ ELD met with CPCo (Selby/ Cook) to discuss CCP status, caseload dates, delays by NRC 07/07/83 Letter CPCo (Mooney) to S&W (Lucks) expanding S&W scope to all safety-related backfill within the bounds of Drawing C-45(Q) ] t

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.N 4" 3 "*g l MIDLAND - CHRONOLOGY OF EVENTS SINCE JULY 1981 HEARINGS 07/07/81 Soil Hearing commenced i 10/05/81 CPCo met with NRC to discuss organizational improvements i 10/14/81 Hearing reconvened to deal with Geo-Technical Issues } 01/12/82 CPCo met with NRC to discuss changes to the Midland QA organization 02/02/82 Testified at Midland soils hearing re: recent QA reorganization l 03/30/82 CPCo/NRC Meeting (Norelius; Adensam) 04/13/82 NRC' Public Meeting in Midland on Underpinning activities 04/26/82 Midland SALP-2 Meeting 04/28/82 Stop Work Order issued by CPCo against Mergentine (dug into 4160 volt power supply) 05/14/82 CPCo/NRC Meeting to discuss overview of electrical inspections 05/20/82 ACRS Subcommittee briefed re: Midland QA for construction 05/26/82 Construction Permit Amendment 3 issued 06/03/82 Full ACRS briefed re Midland QA for construction 06/08/82 ACRS Report requested a Broader Assessment of design adequacy and construction quality 06/21/82 Spessard/Norelius recommendations provided 06/21/82 SALP-2 Meeting to discuss CPCo Response in Jackson, MI, { Public Meeting 06/22/82 Meeting to Review Response to SALP Report 06/28/82 GAP News Conference requesting NRC halt construction i i 07/82 Office of Special Cases formed in Region III, includes Midland Section 07/07/82 ASLB issues memo / Order on reopening record on QA matters 07/09/82 NRC Requested IDV by CPCo 07/23/82-Cook meno issued containing Midland problems c 07/26/82 RIII meeting with NRR to discuss Midland QA problems (meeting minutes written 8/18/82, Warnick meno) 08/05/82 Public Meeting to discuss SALP-2 dif ferences with CPCo 08/05/82 Salp-2 Meeting to further discuss CPCo response, in Jackson, MI, Public Meeting I i --.m.

l ,m s 3 08/09/82 Soils Stop Work Order issued by CPCo, potential violation of j Board Order i I l 08/10/82 Enforcement Conference ret unapproved excavations (alleged violation of Board Order) I 08/10/82 CPCo stopped soils work at our request pending resolution } l of a2thority to dig holes 08/12/82 Issued Work Authorization Procedure for Soils (NRC/CPCo) 08/26/82 NRC isanagement meeting with CPCo management re QA problems 09/02/82 NRC followup meeting with CPCo management re: Quality Improvement i i Plan (JCK/Selby) f 09/03/82 Briefing of Jack Roe and J. Austin of Commissioner's Staf f at Midland 09/09/82 MPQAD Ruorganization - Bechtel QC into CPCo QA Organization 09/09/82 Meeting with NRR to review Midland soils issue 09/10/82 Region Ill fattial approval of MPQP 1 and 2 l I 09/15/82 NRC Meeting with CPCo attorneys re CAP allegations ( 09/17/82 CPCo notified NRC of integrated QA/QC 09/17/82 CPCo proposed Stone and Webster for soils third party overview 09/17/82 CPCo proposes IDV and other corrective actions 09/20/82 S&W began overview work on soils at the Midland site 4 t 09/22/82 Meeting with Mooney, Schaub, and Ronk on Midland QA commitments. They will give us a list. Also talked about taking QC from Bechtel and putting it under MPQAD - Problea. with N stamp. ( i 09/24/82 Soils Secp Work Order issued by CPCo following NRC inspection l (CAL issued). QC training, requalification soils area 09/28/82 RIII initial meeting on site with S&W, proposed third party for

  • soils activities 09/29/82 Public management meeting with CPCo re QA/QC organisation, CAL chird party review 10/82 Safety Evaluation Report Supplement 2 issued approving soils design 10/01/82 JCK and ASD gave approval for Midland team inspection l

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10/05/82 CPCo proposes TERA for IDV at meeting with NRR RIII. CAP and proposed auxiliary feedwster system be included 10/07/82 Meeting in RIII with EI.D to discuss testimony for next round of hearings 10/12/82 Ciesel generator building inspection commenced 10/13/82 ; Detroit Free Press had series on Midland. Kent and anonymous j electrician were quoted. 10/15/82 , DCB Inspection mini-exits with CPCo 10/28/82, 10/25/82 Revised Testimony issued by IIRC l 10/2$/82 Meeting with NRR to discuss Midland third party. IDVP proposal I 10/26 - 7 l 11/05/82J ASLB Hearings in Session 10/29/82 Meeting with Bechtel to discuss performance / problems 11/05/82 Meeting with NRR to discuss Stone and Webster (S&W) Qualification for soils third party overviews NRR. RIII. CPCo. S&W. Persons. IE. CAP 11/07/82 TERA began auxiliary feedwater system review for IDVP at CPCo risk l l' 11/10/82 DCB inspection team exit with CPCo site personnel (10-12 concerns with multiple examples and problems) 11/22/82 DCB inspection findings discussed with JCK by RFW 11/23/82 DCB inspection exit with CPCo management 11/30/82 CPCo notified Region III verbally of proposed Stop-Work 11/30/82 CPCo stopped all HVAC weldingt problems with Photon

  • testing, qualification of welding procedures 12/01/82 CPCo announces Zack problem may lead to a large lay-off 12/02/82 Meeting R W and Shafer and team with CPCo and Bechtel to discuss CCP. RIII informed. Also HQ and Commission's assistants 12/03/82 CPCo stopped majority of safety related work at site. Issued PN and news release. Briefed JCK. ABD. SL 12/03/82 CPCo proposes to increase TERA scope to include three additions 1 systems: Emergency Power (D0 System). Safeguards Chill Water, and Containment Insulation Systems f

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'12/09/82 NRC'apprc ved CPCo,co begin work on Piers 12E and 12W under turbine ~. buildint*1 t i 12/13/82 i RIII meeting witti ELD to discues plans for supplemental testimony / i 12/30/82.,NRC Ntter 13 sued confirming Stop Work on Safety Related areas with certain exceptions 3 3 01/10/83 CPCo. submitted proposed.CCP with third party overview included I in ir. tie proposal 01/18/03

  • Enforcement Conference with CPCo management re: diesel generator building inspection 01/21/ 3bFinn exit on diesel generator building inspection, concluding continued mi~cuse of IPIN's and improper use of Attachment 10 firms

-02/0/83 NRC/CPCo meeting to discuss CCP (collect info) N 02/08/83 Proposed Civil Penalty issued; $120,000 \\ ~ ,'q 02/08/83 'Public Meeting re: CCP and IDCVP p r 02/08/83 Meeting with CPCo and Bechtel management to discuss desire to turn thinge around 7 02'/b9/83 TERA'sEngneeringPro'gIamPlansubmitted;auxiliaryfeedwateronly l 02/14 - ~ 18/83 ASLB Hearings in session 1 -4 02/14'/83 Stone and Webstdr supplies assessment of piers 12 East / West g. 02/15/83 CPCo sumits &W independent qualification statements for soils CI 02/24/83 CPCo expands SSW contract to include QA overview / review work ,., N packages, QC ' inspector requalification, all soils training, and 'y on an assessagns of all underpinning work n. <, v U{ 02/24/83 NRC approves Stone & Webster'for soil third party overview j" 'x .3- '03/07/83 NRC Metting with NRR/ GAP to discuss the CCP e l 03/08/81 ' Meeting in.RIf1 with' ELD to; discuss supplemental hearing testimony v 5.,03/10/83+.,i ~ CPCo responded to Notice of Violation and proposed Civil Penalties + x Vg%y s. N. \\ a .m. -.4 1 g y -f s, ". $ g c 3 s w 4 - .._ 4, s .w h E- 'Z ? y_

^ i e 03/15/83 Meeting with CPCo to obtain INPO Self Imposed Evaluation results 03/22/83 NRC selects additional systems systems for the IDCVP; Emergency Electric Power System, and Control Room HVAC 1 i 03/28/83 RIII letter issued requesting additional details re: CCP; } included in this request was a proposed third party candidate and the protocol to be utilized for the IDCVP 04/04/83 Harrison replaced Shafer 04/06/83 CPCo proposes Stone and Webster to perform third party overview for the CCP gS&W's program is titled Construction Implementation Overview (CIO) 04/13/83 Meeting in Headquarters to discuss TERA proposal on IDCVP; IE, RIII, NRR, and GAP participated 1 04/15/83 Stone and Webster issued a 90 Day Report on Assessment of Remedial Soils Underpinning Activities 04/19-] 21/83 J Caseload Forecast Panel at Midland; Public Meeting 4/19 and 4/21/83 04/21/83 Stone and Webster CIO personnel onsite 04/22/83 CPCo response to NRC letter.of 3/28/83, re: CCP Additional Informa-tion 04/27 - } ASLB Hearing in session - NRC testifies 05/06/83) 05/03/83 NRC approval of TERA for IDCVP for Auxiliary Feedwater only 05/17/83 Meeting with CPCo to discuss CCP/CIO; response 4/22/83 to NRC 3/28/83 letter re: Additional Information 05/18/83 TERA submitted modification to the Engineering Program Plan (EPP) ~l to include the two additional system;s Emergency Power and Control Room HVAC f o m_..__ .J ^ -

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E ) l i i HISTORY OF THE MIDLAND PROCEEDING PRIOR TO I THE 12-6-79 ORDER MODIFYING CONSTRUCTION PERMITS f 1/13/69 - application for construction permits. 6/21/71 - 7/23/71 - C.P. safety hearing. 5/17/72 - 6/15/72 - C.P. environmental hearing. i 12/14/72 - C.P. Initial Decision - 5 AEC 214. 12/15/72 - construction permits issued. 3/26/73 - the Appeal Board issued ALAB-106, 6 AEC 182, commenting adversely on QA at Midland and imposing reporting QA requirements. 5/18/73 - ALAB-123, 6 AEC 331 - decision on the merits of the construction permit proceeding. 5/23/73 - construction permits amended with respect to QA reporting requirements. i 7/16/74 - 7/18/74 - Show Cause proceeding - QA and cadwelding I 9/25/74 - Initial Decision in the show cause proceeding. There is reasonable assurance that QA vill be in compliance with the Commission requirements. LBP-74-71, 8 AEC 584. 7/21/76 - Aeschliman v. NRC, 547 F.2d 622. Intervenor's appeal of the December 14, 1972 Licensing Board Initial Decision authorizing the issuance of construction permits. For a variety of reasons, the Aeschliman court remanded the case to the NRC. t 11/30/76 - 5/13/77 - the " suspension proceeding" which was held to determine whether to continue, modify or suspend the i construction permits pending the outcome of the " remand proceeding" ordered in Aeschliman. The " remand proceeding" was to address the merits of the issues remanded in Aeschliman. i 9/23/77 - LBP 77-57, 6 NRC 482, the licensing board decision related to

e 7 ..s. r , the " suspension proceeding" - no suspension was ordered "pending the outcome of the remand proceeding." In this decision the Licensing Board referred to evidence that the licensee had considered conducting its share of the suspension proceeding in such a way as to not disclose important facts to the Board. 2/14/78 - ALAB-458, 7 NRC 155, affirmed LBP-77-57. The Appeal Board i stated its "erpectation" that the matters referred to by the Licensing Board in LBP-77-57 would be " fully aired and resolved." 4/3/78 - Vermont Yankee v. NRDC, 435 U.S. 519, reversed and remanded the j July 1976 Aeschliman decision but had no impact on the " expectation" expressed by the Appeal Board in ALAB-458. July 1978 - soil settlement problem discovered by Consumers Power Company. August 1978 - NRC was advised by CPC of the settlement problem. 7/2/79 - 7/31/79 - the " remand proceeding" which " aired" the matter referred to by the Appeal Board (ALAB-458) involving possible license misconduct. 12/6/79 - Order Modifying Construction Permits. b 9/9/82 - ALAB-691 affirmed Licensing Board decision.not to impose sanctions. I e-o-4a w w$ --y wes

,~ 1 e SIGNIFICANT EVENTS DURING THE MIDIAND OL-0M EVIDENTIARY PROCEEDING i December 6, 1979 Order Modifying Construction Permits (This is the Order that started this Proceeding) October 24, 1980 Prehearing Conference Order ruling on contentions and on consolidation of proceedings. OM/0L proceedings are consolidated. Stamiris admitted to OM proceeding. Sharon Warren also admitted into OM j proceeding with three contentions. (She later withdrew from proceeding.) Mr. Marshall's admission l 8 in OM proceeding denied but as a party to the OL { proceeding was permitted to participate in OH { proceeding to the extent the two proceedings were consolidated. i February 27, 1981 Prehearing Conference Memorandum'(conference held 4 January 28-29, 1981). Sets schedules for discovery, motions for summary dispositions and hearings. May 5, 1981 Frehearing Conference Order (conference held April 27, 1981). Ruled on Applicant's motion to defer consi-deration of seismic issues until the OL, Recognized Sharon Warren's withdrawal as an intervenor. June 12, 1981 Memorandum and Order resolving discovery disputes between Applicant and Ms. Stamiris and establishing deadline for filing TMI-related contentions. July 7-17, 1981 Evidentiary hearina on Intervenor contentions. t August 4-13e 1981 Evidentiary hearina on Intervenor contentions. October 13-16, 1981 Evidentiary hearina on Midland site specific response spectra, stability of cooling pond dikes slopes. 1 October 27, 1981 Licensing Board memorandum and order granting-Applicant's request that hearing scheduled for November 16-24, be postponed until 1982. December 1-3, 1981 Evidentiary hearina involving remedial measures for the auxiliary building and feedwater isolation valve pits. Dec. 14-17, 1981 Evidentiary hearina involving the dynamic and static 1 models for Category I structures founded on fill material. Testimony on the SALP program and testimony on QA program. t i I i n =4 y-.ere e--- +1-- --m a e-s- -%e- >---T --*wr ~s -e w >-+-*-e v-

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5 .) ~ 2-i February 2,1982 A one day session limited to addressing the recent reorganization of the Midland project quality l assurance department. l Feb. 16-19, 1982 Evidentiary hearing involving remedial measures for j the borated water storage tanks (BWST); static and t dynamic bearing capacity of the footings of the borated water storage tanks; long term settlement of the tanks under design load; evaluation of borated water storage tanks for stresses incurred under uneven support with conditions resulting from soils settlement and consequent distortion of the ring i j walls that support the BWSTs; the present condition of the underground seismic Category I piping at the Midland plant regarding the ability.of the piping to withstand postulated design conditions, including 4 design basis SSE and regarding the ability to monitor the piping over the life of the plant. April 30, 1982 Memorandum and Order resulting in construction permits being amended to require that the permit holder obtain explicit prior approval from the NRC Staff before proceeding with certain soils-related activities and that these activities shall be controlled by a staff-approved quality assurance plan. June 29, 1982 NRC Staff counsel's letter to the Licensing Board advising that it was Region III's opinion that the Staff's QA testimony of the summer of 1981 must be supplemented. July 7, 1982 Memorandum and Order reopening the record on QA matters and establishing schedule for prehearing conference and discovery with respect to either newly proposed OL contentions or contentions to be rewritten after discovery. August 14, 1982 Prehearing Conference Order ruling on new contentions. Nov. 15-23, 1982 Evidentiary hearina involving the bearing capacity, - 1 i seismic shakedown of t'e DGB, piping (corrosion) the service water pump structure, liquifaction sad dewatering. i Dec. 6-10, 1982 Evidentiary hearing involving the adequacy of the diesel generator building. December 30, 1982 Memorandum and Order ruling on rewritten contentions of Mary Sinclafr. (Originally submitted in the OL proceeding and considered by the Board in its w w as e' FM 1rM e

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4 ] 3-February 23, 1979 OL prehearing conference order). Feb. 14-18, 1983 Evidentiary hearina involving Judge Harbour's j questions concerning quality assurance in the underpinning; drilling incidents; loose sands; seismic shakedown of auxiliary building; and seismic Category I tualysis of duct banks. March 8-11, 1983 Evidentiary hearina involving 2 OL issues: 1) cooling pond thermal performance and the effects of fogging and icing, and 2) water hammer. 1 March 28 - i April 1,1983 Evidentiary hearina involving 2 OL issues:

1) severe accident evaluation, and 2) steam tube integrity.

April 27 - j May 6, 1983 Evidentiary hearina involving supplemental testimony of Cook, Gardner, Landsman and Shafer with respect to quality assurance and the testimony of James G. Keppler with respect to quality assurance (this is the testimony that the Staff filed on October 28, 1982 and supplemented again on March 25, 1983 with j respect to the reopened quality assurance hearings). I June 1-10, 19J3 Evidentiary hearina involving the continuation of the testimony of Landsman, Cook, Gardner and Shafer, i Also, the testimoy of Gilray, Landsman and Shafer with respect to MPQP 1 and MPQP 2 QA program, j specifically with respect to remedial soils. On June 4, 1983 CPC testimony concerning MPQP 1 and MPQ P 2 and the testimony of James Mooney to describe third party overview of QA and to bring up to date the current status of soils construction. On 1 Wednesday, June 8, 1983 NRC began testimony with respect to the cable pulling or instrumentation and j whether or not the NRC was mislead by the statements l of Bechtel employee Boos. I i-I o 1 - t 1 s,., .,,n np-:ey-o

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.n ^' .~ 7 /,TN y' g r t r.m.....<.m ( ,_ g -.a w RGT i J.mes w cook s..; j "" ~l' LLif!L.nb} Vice President - Projects, Engineenng u and Construction ~I General offices: 1945 West Parnait Road. Jackson, MI 49201 + (517) 788 0453 }plO[pg gypp l d L /_.-JPRP t 0/ M o; February 6, 1984 X/m g.h it lDA % -% 43 c_N F Fi ; o j*, Mr Richard C DeYoung Director, Office of Inspection and Enforcement US Nuclear Regulatory Comciission Washington, DC 20555, MIDLAND ENERGY CENTER MIDLAND DOCKET NOS 50-329, 50-330 RESPONSE TO CONFIRMATORY ORDER FILE 0505.2 SERIAL 28406 Dear Mr DeYoung This is in response to your letter of-January 12, 1964 to Mr John Selby of Consumers Power Company and the attached Confirmatory Order. The Order con-firms the Company's commitment, made during a meeting of October 25, 1983, to provide for an independent appraisal of management of the Midland project. Accordingly, the Company does not contest entry of the Order. We are currently in the process of developing a proposal for the required independent appraisal and of choosing a consultant to carry it out, e d will submit a plan for such an independent appraisal by March 7, 1984, as required under Section 5 of the Confirmatory Order. The Company's position as to the circumstances of the alleged Board Order j violations discussed in the Confirmatory Order have previously been made known j to you, and our position before the Licensing Board concerning the subject i matter of the Cenfirmatory Order remains as stated in our recently submitted proposed findings of fact and conclusions of law, dated January 27, 1984. Thank you for your attention. JWC/JEB/ sib f CC JCKeppler, Administrator, Region III RJCo'ok, Midland Resident Inspector DSHood, Project ' Manager, US NRC Stewis, Region III OM/0L Service List Q LLpm, sa n 1 <C - tm _ OC0184-0742B-MPO4-TM30 PE9 .? 1994

s .-~ / 2 OM/0L SERVICE LIST i l Mr Frank J Kelley Atomic Safety & Licensing Attorney General of the Appeal Board State of Michigan U S Nuclear Regulatory Commission Ms Carole Steinberg, Esq Washington, DC 20555 Assistant Attorney General Environmental Protection Division Mr C R Stephens (3) 720 Law Building Chief Docketing & Services Lansing, MI 48913 U S Nuclear Regulatory Commission Office of the Secretary Washington, DC 20555 Mr Myron M Cherry, Esq Suite 3700 Ms Mary Sinclair Three First National Plaza 5711 Summerset Street l Chicago, IL 60602 Midland, MI 48640 f Mr Wendell H Marshall Mr William D Paton, Esq RFD 10 Counsel for the NRC Staff Midland, MI 48640 U S Nuclear Regulatory Commission Washington, DC 20555 Mr Charles Bechhoefer, Esq Atomic Safety & Licensing Atomic Safety & Licensing B6ard Panel Board Panel U S Nuclear Regulatory Commission U S Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr Frederick P Cowan Ms Barbara Stamiris 6152 N Verde Trail 5795 North River Road Apt B-125 Rt 3 Boca Raton, FL 33433 Freeland, MI 48623 l t Mr Fred C Williams Dr Jerry Harbour Isham,' Lincoln & Beale Atomic Safety & Licensing 1120 Connecticut Ave, NW, Suite 325 Board Panel Washington, DC 20036 U S Nuclear Regulatory Commission Washington, DC 20555 l Mr James E Brunner, Esq Mr M I Miller,-Esq Consumers Power Company Isham,-Lincoln & Beale-212 West Michigan Avenue Three First National Plaza Jackson, MI 49201 52nd Floor Chicago, IL 60602 Mr D F Judd Mr John Demeester, Esq Babcock'& Wilcox Dow Chemical Building Michigan Division PO Box 1260 L Lynchburg, VA 24505 Midland, MI 48640 9 OC0184-07423-MP04-TM30 99 ,e

-= m. m D l 3 Mr Steve Gadler, tsq Ms Lynne Bernebei 2120 Carter Avenue Govern:nent Accountability Project j; St Paul, MN 55108 1901 Q Street, NW l Washington, DC 20009 I e t 4 4 e 6 T e t i I i ) + 4 1 .+ e 1 'k i 1; OC0184-0742B-MPO4-TM30

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o-m S CONSUMERS POWER COMPANY Midland Units 1 and 2 Docket No 50-329, 50-330 Letter ;erial 28406 Dated February 6, 1984 4 At the request of the Commission and pursuant to'the Atomic En'ergy Acts of 1954, and the Energy Re' organization Act of 1974, as amended and the Commission's Rules and Regulationk thereunder, Consumers Power Company submits a response to a Confin:atory Order of January 12,198h. 1 CONSUMERS POWER COMPANY By /s/ James W Cook James W Cook, Vice President Projects. Engineering and Construction Sworn and subscribed before me this 6th day of February 1984. /s/ Beverly A. Avery Notary Public Jackson County, Michigan My Commission Expires January 16, 1985 ( S E*A L ) 9 i a 5 OC0184-0742B-MP04-TM30 W - a-i.,. ua ,.,,_m ~w.- ~. --, v ,.a , +., -, ,s

t. ) , t-a -- . STAG ~ ~ & }cLe z j 4 it:CIPAL STAFF / U Docket No. 50-329 January 12, 1984 MA 3ccJw Docket No. 50-330 w; e e w sF EA 83-118 9C T.'. A { /N no ics Consumers Power Company ATTN: Mr. John D. Selby IK /t President E@ j File M ~ 212 West Michigan Avenue Jackson, MI 49201 Gentlemen: This refers to the investigation conducted by the Office of Investigations i during the period January 3 through August 8,1983, of activities at the Midland Nuclear Plant authorized by NRC Construction Pemit Nos. CPPR-81 and CPPR-82. An enforcerrent conference was held with your staff regarding this matter on October 11, 1983. This investigation revealed that Consumers Power Company (CPCo) had excavated soil material from below the deep "Q" duct bank and initiated fireline reloca-tion activities in "Q" soils without prior NRC authorization. Further, the i excavation of soil material below the deep "Q" duct bank was contrary to previous directives of the NRC staff which instructed the licensee that such excavation was not authorized. These actions violated paragraph 2.G of the Midland Construction Permits, as amended on May 26, 1982. The violation described in the enclosed Confirmatory Order has been categorized as a Severity Level III violation as described in the General Policy and Procedure for URC Enforcement Actions (Appendix C to 10 CFR Part 2). No civ l penalty is being proposed for this violation. However, the attached i Confimatory Order is being issued. In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosures will be placed in the NRC's Public Docunent Room. The response directed by this Order is not subject to the clearance procedure of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511. 1 Sincerely, "Originni ste.a w. P. c. t :- Richard 'C. DeYoung, Director, Office of Inspection and Enforcerrent

Enclosure:

Confirmatory Order l CERTIFIED MAIL RETURN RECEIPT REQUESTED i p)Sj# g( E. IE:DD IE:p7 IE:E5tsu ELD RIII GKlingler JLieberman JKeppler,5fe'lrad JTaylor RDdYoung 1/*c/8a 1/ /84 1/ /84 f '1/f /84 1/ /84 1/ ',/84 6 $84 4 - sk% \\ a: ? 7 u ni 4

I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket Nos. 50-329 l ) 50-330 i CONSUMERS POWER COMPANY ) (Midland Plant, Units 1 and 2) ) t CONFIRMATORY ORDER

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Consumers Power' Company (the licensee) is the holder of construction permits CPPR-81 and CPPR-82 issued by the Atomic _ Energy Commission (now the Nuclear Regulatory Commission (the Cont.ission)), which authorize the construction of the Midland Plant,- Units 1 and 2 (the facility). The facility is under construction in Midland, Michigan. II Since the start of construction, the facility has experienced significant Although the licensee took corrective quality assurance (QA) problems. actions in each case problems continue to be experienced in the implementation of its QA program. .-{ a ]f ()T v 0 4 / c

~ 2 i On October 6,1983, the Director of Inspection and Enforceme-c issued a " Confirmatory Order for Modification of the Construction Permits" which required that the licensee adhere to the Construction Completion Program (CCP), datec August 26, 1983, for the duration of the construction of the facility. 48 FR 46673 (October 13,1983). As more fully described in that l order, the development of such a program was necessary to verify the adequacy of prior construction and to insure the adequacy of future construction in view of the identification of widespread QA problems in late 1982, the facility's history of QA problems, and the ineffectiveness of previous corrective actions to fully resolve these problems. An important aspect of the CCP is the third party overview by Stone and Webster Engineering Corporation which is required until the Regional Administrator, Region III, finds that the overview is no longer necessary to provide reasonable assurance that the facility can be constructed in accordance with Comission requirements. One element in any decisicn j regarding the relaxation of the overview requirement will be a finding of confidence in the ability of tile licensee's management to procerly construct the facility in accordance with Comission requirements withcet i a third party overview. Such a finc.ing cannot now be made. I f =nw- __.m

p -) i 3 i i i III On December 6,1979, the Director of the Office of Inspection and Enforcement and the Director of the Office of Nuclear Reactor Regulation issued jointly an Order Modifying Construction Permits for the Midland plant. The order was based in part on a breakdown in quality assurance i related to soils work at the Midland plant which had led to excessive settlement of the facility's diesel generator building. The licensee demanded a hearing on the order, and the proceeding on the order was eventually consolidated with the proceeding on Consumers Power Company's application for operating licenses for the Midland plant. During the course of the proceeding, the Atomic Safety and Licensing Board issued an l order that authorized the Director of the Office of Nuclear Reactor Regulation to amend the Midland construction permits to incorporate certain limitations on remedial soils work at Midland. See Consumers Power Co. (Midland Plant, Units.1 & 2), LBP-82-35, 15 HRC 1060, 1072-73 (April 30, 1982). In accordancs with the Board's order, the construction permits were amended on May 26, 1982 to include the Board-ordered conditions. Among the restrictions imposed by the Board's order and the permit at: enc-nent was a ccrdition that the licensee "shall obtain explicit prior r approval frcm the NRC staff...before proceeding with the following scils-related activities...: any placing, compacting, excavating, or drilling I soil materials around -safety-related structures and systems." f - - * * ' - ~ ' - r4 '9

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j Construction Permit Nos. CPPR-81 & CPPR-82,12.G.(1) & 2.G.(1)a; { compare LBP-82-35, supra, 15 NRC at 1072-73. On July 28, 1982, an NRC l inspector discovered trat the licensee had excavated soil from below the deep "Q" duct bank and had initiated relocation of the fireline in "Q" toils without prior FRC authorization. Excavation below the deep "Q" 4 duct bank had begun on July 23rd and relocation of the fireline had begun l i on July 27th. Neither activity had received explicit prior approval from the NRC staff as required by the construction permits. In fact, exca-vation of soil material below the deep "0" duct bank was contrary to prior directives of the NRC staff which instructed the licensee that such excavation was not authorized. Thus, excavation of the deep "Q" duct f bank and relocation of the fireline by the licensee constituted violations of the construction permits. IV The history at this site demonstrates that management has not been effective in providing the attention to detail and high quality standards necessary to the proper construction of this facility. In view of this history, including the violation identified in sec; ion III of this order, I have determined that a management appraisal is required at this time. The licensee, in a meeting on October 25, 1983 with the Director of.the Office of Inspection and Enforcement *and the Regional Administrator, Region III,'and in a subsequent meeting on January 4,1984 with the i "'*"D"P* ..ws =-. ,g 4,

'N 5 i 1 .l. Regional Administrator, agreed to submit a management appraisal program i to the Commission. It is appropriate to confirm the licensee's coemitment by order. y .i In view of the foregoing, pursuant to Sections 103,161(1),161(o)and 1 182 of the Atomic Energy Act of 1954, as amended, and the Commission's l regulations in 10 CFR Part 2 and 10 CFR Part 50, IT IS HEREBY ORDERED THAT: Within 30 days of the effective date of this Order, the licensee shall submit to the Region III Administrator for review and approval a plan for an independent appraisal of site and corporate management organizations l and: functions that would develop recommendations where necessary for - improvements in management communications, controls, and~ oversight. Upon approval of the plan, the plan shall be implemented and the schedu'ed milestone completion dates shall not be extended without good cause and ~ I the concurrence of'the Region III Aoministrator. The plan shall. include at least the elements itemized below: (1) An appraisal conducted by an independent' management consultant organization retained by the licensee to evaluate the -licensee's- .q : i 1 ., g,mt.ww e -..a. -. x u--- --, +...,me = ..h--=.,g%wi. up

N ') 6 l t j current organizational respor.sibilities, management controls, l communications systems and practices, both at the Midland site and between the corporate office and the site. The appraisal shall include a review of the licensee's site and corporate construction management and sapervisory personnel involved in the Midland project to determine their capability and competency for managing i~ construction activities consistent with regulatory requirements. i (2) A description of the appraisal program, the qualifications of the appraisal team, a discussion of how the appraisal is to be documented, and a schedule with appropriate milestones. t (3) The provision of recommendations for changes in the areas mentioned in Item 1 that will provide assurance that the licensee will implement J NRC requirements, t The licensee shall direct the approved organization to submit to the Region III Administrator a copy of the report of the appraisal and recommendations resulting from the appraisal, and any drafts thereof, at the same ti.me they are sent to the licensee or any of its employees or contractors. Prior notice shall be given the Administrator of any meeting between the licensee and the organization to discuss the results, recommendations, or progress made on the appraisal. In addition, the licensee shall consider the recommendations resulting from the appraisal j 1 a

.~g i 7 and provide to the Region III Administrator an analysis of each such recommendation and the action to be taken in response to the .l recommendation. The licensee shall also provide a schedule for accomplishing these actions. l The Administrator of Region III may relax or terminate in writing any of f' j the preceding conditions for good cause. i VI The licensee may request a hearing on this Order. Any request for hearing shall be submitted to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 within 25 days of the date of this order. A copy of the request shall also be sent to the Executive Legal Director at the same address and to the Regional t Administrator, NRC Region III, 799 Roosevelt Road, Glen Ellyn, Illinuis 6C137. If a hearing is to be held concerning this Order, the Commission will issue an order designating the time and place of hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. .a. 'Ij

T. \\. 8 This Order shall become effective upon the licensee's consent or upon i j expiration of the time within which the licensee may request a hearing i or, if a hearing is, requested by the licensee, on the date si,ecified in 4 an order issued following further proceedings on this Order. FOR THE NUCLEAR REGULATORY C0FNISSION i Richard C. Young, Director Office of Inspection and Enforcement i Dated at Bethesda, Maryland this 12 day of January 1984 s I

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'^ ) / 'e UNITED STATEIS -E 'p. e.,I,j NUCLEAR REGULATORY COMMISSION ggg ; wAswmcTON, D. C.20$55 \\; CT4] OCTOBER' 5 G % =* i l. ~ Docket No. 50-329 50-330 i Mr. James W. Cook Vice President Ccr.sumers Power Company 1545 West Parnall Road 4 Jackson, Michigan 49201

Dear Mr. Cook:

Er.:iosed please find a Confirmatory Order for Modification of Ccnstruction Permits (Effective Immediately) for the Midland I'lant issued this day. In accordance with 10 CFR 2.790 of the NRC's " Rules'of Practice," Part 2. Title 10, ode of Federal Regulatier.s, a copy of this letter and tr.e enclosure will be placed in the NRC's Public Document Room. Sincerely,. Off. ice of In pection and Enforcement Richard C. eoung,grector j i E :'. :;-c: Confirmatory Order cc: Michael Miller, Esq. Sillie Pirner Garde, Government Accountability Project t c lS&&& ? f a-.-- ISO 19g3

O ') A i ! i Docket No. 50-329 50-330 Mr. James W. Cook Vice President Consumers Power Company 1945 West Parnall Road Jackson, Michigan 49201

Dear Mr. Cook:

3 i j Enclosed please find a Confirmatory Order for Modification of ] Construction Permits (Effective Immediately) for the Midland Plant issued this day. In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room. Sincerely, 'Oz Isinal sig::eg 37 R. C. Deyou::g. Richard C. DeYoung, Director j Office of Inspection and Enforcement i

Enclosure:

Confirmatory Order ? cc: Michael Miller, Esq. Billie Pirner Garde, Government Accountability Project Distribution JLieberman, OELD RCB' Reading H0enton, NRR JC Stone IE DEisenhut, NRR JM Taylor, IE JKeppler, RIII RC DeYoung, IE GCunningham, ELD EDO 13229 EChristenbury, OELD J. Douglas, IE Stewis, RIII J. Axelrad JE .RWarnick, RIII (kt4.4 led EAdensam, NRR k'Paton, OELD -SEE PREVIOUS CONCURRENCES

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'i i UNITED STATES i NUCLEAR REGULATORY COMISSION l In the Matter 'f ) o ) Docket No. 50-329 i CONSUMERS POWER COMPANY ) 50-330 (Midland Plant Units 1 and 2) ) EA-83-109 CONFIRMATORY ORDER FOR MODIFICATION OF l CONSTRUCTION PERMITS (EFFECTIVE IMMEDIATELY) I I ConsumersPowerCompany(the" licensee")istheholderofconstruction ] j permits CPPR-81 and CPPR-82 issued by the Atomic Energy Comission (now ' he Nuclear Regulatory Comission, hereafter "Comraission"), which t authorize the construction of the Midland Plant, Units 1 and 2 (the " facility"). The facility is under construocicn in Midland, Michigan. II l Since the start of construction, the facility has experienced significant i, j quality assurance ("QA") problems. Although the licensee took corrective actions in each case, problems continued to be experienced in the impleinentation of its QA program. An NRC Region III inspection, comenced in Octcber 1982 and completed in January 1983, identified significant problems with the QA inspection process and with the conformance to design documents of installed components in the Diesel Generator Building ("DGB"). These findings were identified to the licensee in an exit meeting following the inspection in November 1982. The licensee subsequently made similar findings in other areas of the facility. Inviewof1)thewidespreadnatureof I l the problems identified, 2) the history of QA problems at the facility, g.n.., uco ao v

A .G { r . l and 3) the ineffectiveness of past corrective actions to resolve these problems, the NRC staff requested the licensee to develop a comprehensive program to verify the adequacy of previous construction and to assure the adequacy of future construction. On December 2, 1982, the licensee directed that the majority of safety related work at the site be halted and presented to the' staff the outlines of a Construction Completion Program ("CCP"). By letter dated December 30, 1982, the NRC confirmed the licensee's stopping work and other commitments undertaken by the licensee. In accordance with those commitments, the CCP was fomally i submitted to the staff on January 10, 1983. The CCP is a program to provide guidance in the planning and management of the construction and QA activities necessary for completion of the facility in accordance with Commission regulations. The CCP has undergone revisions in response to questions and comments raised by the staff and by members of the public and was submitted in final form on 1 August 26, 1983. Part of the CCP is a Construction Implementation Overview ("CIO") to be ccnducted by an independent third par'ty. The CIO effort is described in the CCP and documents provided to NRC on April 6 and 11, May 19, August 30 and September 9,1983. 1

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/]- 1 i The CIO was nepessitated by the NRC staff's loss of confidence in the licen-see alone to implement an effective QA program. In response to this concern, the licensee has comitted to keep the CIO in effect until the licensee has demonstrated to the NRC staff that a third party overview is no longer necessary to provide reasonable assurance that the facility can be constructed in j compliance with the 'Concission's QA criteria (10 CFR Part 50, i l AppendixB). The licensee has proposed and the staff has approved, by letter dated September 29, 1983, Stone and Webster Engineering Corporation to perfonn .the CIO. i I III ~ The NRC staff has conducted a review of the CCP and has concluded that it constitutes a program which provides reascnable assurance that the facility can be satisfactorily completed in accordance with Comission j requirements. I have concluded that the activities halted by the licensee f ^ on December 2,1982, may resume provided they are conducted in accordance i with the CCP. I, therefore, find th:1. the public health, safety and interest + requires that any continuation of constructicn be in accordance with the CCP and that the CCP be confirmed by order made immediately effective. IV Accordingly, pursuant to Sections 103 and 1611 of the Atomic Energy Act of 1954, as amended, and the Comission's regulations in 10 CFR Parts 2 and 50, Construction Pemits CPPR-81 and CPPR-82 are hereby modified to include the [ following provisions: 1 .1 ~ )

.0 em o o ) i 4-a. The licensee shall adhere to the Construction Completion Program, dated August 26, 1983, for the duration of construction of the facility. b. The licensee shall maintain in effect the Construction Implementa' tion Overview provision of the Construction Completion Program with the Stone and Webster Engineering i Corporation as the third party overviewer until the Regional l Administrator, NRC Region III, finds in writing that the third 'l party cverview is no longer necessary to provide reasonable { assurance that the facility can be constructed in compliance with 10 CFR Part 50. 3 c. The licensee may make changes to the Construction Completion Program provided such changes (1) do not decrease its i effectiveness, (2) are submitted to the Regional Administrator 4 i with appropriate justification, and (3) are approved in { writing by the Regional Administrator prior to their implernentation. L i l V The licensee may request a hearing on this Order within 25 days of the date of this Order. Any request for hearing shall be submitted to the Director, Office of' Inspection and Enforcement, U.S. Nuclear Regulatory 5 '1 y s e g n e v

.,,j, -[ l Comission, Washington, D.C. 20555. A copy of the request shall also be sent to the Executive Legal Director at the same address and to the Regional Administrator, NRC Region III, 799 Roosevelt Road, Glen Ellyn, Illinois 60137. A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF SECTION IV 0F THIS ORDER. If a hearing is to be held concerning this Order, the Comission will issue an order designating the time and place of hearing. If a hearing .is held, the issue to be considered at such hearing shall be whether ~ j this Order should be sustained. i FOR THE NUCLEAR REGULATORY COMMISSION i i () {fk

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Richard C.

ejroung, rector i

i Office of Iqypection and Enforcement Bethesda, Maryland, Dated gday of October,1983 this 6 i 1 1 ._}}

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